New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-04-10

THIS IS WHY SHE WAS so ANXIOUS TO SELL
wABAsu-MR. SAGE USED HIS DISCRETION.
Miss Sophia L. Mattern sailed into tho office Of
Granville p HAYES, yesterday afternoon, in all tho
glory of spring suit OF cerulean blue velvet and
floss silk She was 80 arrayed in all the Astounding
pride that art iyents to aid departing youth because
Mr. Russell Sage expected TO be present. and to
answer in person the charges she makes against him
OF being an unjust broker. She claims that Mr.. Sage
neglected to sell tor her certain stocks at the moment
he ought have done. aud that with this aud other
omissions aud commissions on hs part he now owes
her $1,000. Mr.. Sage makes counter claim OF cx
actly the amount Tor commissions no thinks that
he has earned her broker and coissions upon her
part to cash mp when called upon.
This the third hearing before Judge Halves as
referee aud concluded the evidence on the part OF
Miss Mattern. There was no new testimony adduced
Her counsel, Mr.. Van Vechten, simply asked her to
repeat the conversation she overheard IN Mr.. Sages
office which led her to fear that Wabash was going 10
take tumble IL did not come ont in evidence, but
it is said that the conversation in regard to the nsta
biltiy OF Wabash stock took place between no lesser
lights of the streets than Jay ould and Russell Sage
and probably the recalling of Miss Mattern to repeat
her story of tbs little episode with the intention
OF having Gould called as a witness
Miss Mattcrn repeated her testimony that in CONVEX
sation she overheard between two gentlemen in Mr.
Sagos Office she spoke TO Mr.. Sage about her Wabash
stock and that he told her that 1t had better be Sold
would be further dividends paid It, not for years
il ever Therefore on the first opportunity he would
sell the stock.
Henry 5. Bennett, for Mr.. Sage, admitted all this
without question and added that Mr.. Sage had not sold
the 100 shares OF Wabash he then suggested,
although he told her, two three days atei this con-
,ersatiou, that he had done Plaintiff further
claimed that Mr.. Sage had Purchased tor her account
100 shares OF Missouri, Kansas and Texas, tor
So 200 without her knowledge that upon her protas
taon Mr. Sage had admitted that 1t was an error and
had promised restitution. lie produced letter from
her which showed she did know OF both these transac
tons One letter OF Miss Matterns said in regard to
the Wabash stock When you think best to sell 1t do
So" lie claimed that Mr.. Sage had exercised his
judgment in selling the stock. 1t tell from 90 to
2 and was now OF had recently been 20 y. Mr.. Sage
still held the stock. AS the Metropolitan bond tor
81 900 TOR which they had given Miss Matern credit
for 81 900, tho plainlih claimed that the credit
shoulc have been $1,000. This wac really the only
,oint at ISSUE and it the referee ruled, MIR. Sage
would rather pay the odd $500 than have to attend to
give evidence.
Then Mr.. Van yechten summed up the legal points
of the question and Miss Mattern started to talk
great deal faster than her counsel could think even
But the referee told her gently that she could not DO
heard upon the legal points then being discussed and
sho resumed or artistic pose In the end the referee
consented have both sides submit authorities upon
tho point of Mr. Sage's action us the broker OF the
plaintiff and postponed his dec sion until next Satur
day remarking that no inclined to think IL would
be better all parties to take testimony tor the
defense. SO probably Mr.. Sage will be called to tho
stand after ALL